May 16, 2025 | Bad Faith Insurance
Car crashes are a leading cause of injury and death across the United States—including in Oklahoma. In its 2020 “Highway Safety Crash Facts Book,” in fact, the Oklahoma Highway Safety Office (OSHA) reported that around 200 motor vehicle collisions occur each day in Oklahoma. An unexpected car crash, of course, can leave you with unexpected repair costs, medical bills and physical injuries, and even lost wages as a result of missing work or other economic opportunities while, e.g., your car is being repaired, or you receive medical treatment. Given these potential costs—many of which may not be fully understood for weeks or even months after a car accident—how do I know if the insurance company responsible for my claim is offering a fair settlement?
The short answer: you should promptly contact a lawyer to review the fairness of any settlement offered. You’re in luck too, as the attorneys at McGuire Law Firm have decades of collective experience evaluating insurance offers and settlements in Oklahoma. They are ready, willing, and able to answer any questions you may have and to offer their thoughts on the merits of any settlement offer made.
You Cannot Determine if an Offer is “Fair” Until You Know Your Damages
In most cases arising from a car accident, your compensation will be linked to your actual damages—that is, the actual costs you incurred as a result of, e.g., vehicle repairs, medical bills, lost wages, and any pain and suffering experienced. Some of these items, notably, are definite (like medical bills), while others are jury-determined (damages for pain and suffering). So, in order to fully evaluate any offer from an insurer arising from a car accident, you will need to know the extent and scope of damages for which you can recover under Oklahoma law.
Our advice? Do not rush to accept an offer until you have a complete understanding of your current and anticipated future needs, including any ongoing or future medical treatment and/or any costs relating to that treatment. And of course, talk to an attorney to assist you in obtaining this understanding.
Consider if the Insurer is Unfairly Trying to Assign You Liability for the Crash
Under Oklahoma law, liability for damages arising from a car wreck (whether for physical injuries, economic losses, or property damage) typically follows fault in the accident. This means that any payout or recovery you may receive (whether from an offer, settlement, or jury verdict) will depend, in large part, on the extent to which you were assigned liability for your own accident (or lack of liability).
Somewhat confusingly, Oklahoma is a “modified comparative negligence” jurisdiction, meaning that any award for damages arising from a car accident compensation will be reduced if you are found partially at fault. But if you are found to be more than 50% at fault, you will not be entitled to any damages or recovery—full stop. Given these rules, insurance companies often try to shift blame onto the victim(s) in a car accident as a means of potentially lowering any future jury award (or justifying a lower settlement offer). Always carefully review an insurer’s fault determination, including any explanation given supporting that determination. If you believe you are being unfairly assigned liability—or that your fault in an accident is being exaggerated—you should be ready to fight back and, if necessary, retain competent legal counsel.
The Best Approach: Let a Lawyer Negotiate the Settlement
Insurance companies are staffed by well-trained professionals. They work hard to pay out as little as possible to victims and families and make the insurance company more money. Given the approach that the big insurance companies take to motor vehicle accident injury claims, it is crucial that you have a top-tier attorney on your side. Call McGuire Law Firm today and one of our several attorneys can evaluate the true value of your case, spot unfair tactics by the insurer involved, and negotiate aggressively for a fair settlement.
Schedule a Free Case Review With Our Oklahoma City Auto Accident Lawyer
At McGuire Law Firm, our attorneys are aggressive advocates for justice, and we put victims and their families first in every aspect of our practice. So, if you have any questions about settlement negotiations with an insurer, or even if you are just a little nervous about accepting an offer on the table, please do not hesitate to contact us today for a free, completely confidential consultation. We represent victims across the State of Oklahoma—no County is out of bounds.